HomeMy WebLinkAbout072 - 06/04/2013 - AMENDING SECTIONS 19-36 AND 19-41 OF THE CITY CODE PERTAINING TO MUNICIPAL COURT REFEREES ORDINANCE NO. 072, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTIONS 19-36 AND 19-41 OF THE
CODE OF THE CITY OF FORT COLLINS
PERTAINING TO MUNICIPAL COURT REFEREES
WHEREAS, there is currently a residency requirement for Municipal Court Referees
contained in City Code Section 19-36; and
WHEREAS,there is no such requirement applicable to the Municipal Judge or the Assistant
Municipal Judge; and
WHEREAS, the Municipal Judge wishes to have the Assistant Municipal Judge act as a
back-up for the Municipal Court Referees, especially with the addition of animal infraction cases
beginning May 1, 2013; and
WHEREAS, the authority of the Referees to reduce or waive penalties and assessments
contained in City Code Section 19-41 should be revised so that it is the same for all Referees; and
WHEREAS, the City Council believes that it would be in the best interests of the City to
approve the above recommended amendments to the City Code.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
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Section 1. That Section 19-36 of the Code ofthe City of Fort Collins is hereby amended
to read as follows:
Sec. 19-36. Creation; jurisdiction; qualifications.
(a) The Municipal Judge is authorized and empowered to appoint one(1)or more
Referees to hear certain municipal ordinance violations relating to parking or
Municipal Code violations designated as civil infractions,and to review any costs of
abatement or removal assessed pursuant to civil infraction provisions of this Code,
as the Municipal Judge may from time to time designate. Such alleged violations may
include any offense or infraction which may now or in the future be included in the
schedule of payable fines established by the Municipal Judge pursuant to law except
any offense which might result in the assessment of points by the State Department
of Revenue against the responsible party's driving license or privilege.
(b) The Referee shall be an attorney admitted to practice law in the State, and
have a minimum of five (5) years of legal or judicial experience.
(c) A Referee appointed by the Municipal Judge to hear civil infractions shall be
appointed from a list of candidates chosen by a staff committee representing each of
the following: Neighborhood Services, the City Attorney's Office and the Human
Resources Department.
(d) The City Manager is authorized to appoint a designee to represent the City's
interest, with the advice and consent of the City Attorney's Office, in parking and
civil infraction proceedings heard by the Referee.
Section 2. That Section 19-41 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 19-41. Authorization to reduce or waive penalties and assessments.
(a) The Referee may assess a penalty less than the fine prescribed in the schedule
of fines published by the Municipal Judge or may suspend such fine in any case
where the Referee determines,based upon evidence obtained during the course of the
hearing, that such action would be in the best interests of justice.
In addition,the Referee may impose any other costs, damages, expenses and orders
that may be authorized under Subsection 1-15(f).
(b) The Referee may also reduce or'waive any costs or fees assessed by the City
in connection with the abatement or removal of a nuisance, except those fees that
may be imposed by the City to defray the cost of hearing an appeal of the amount of
the assessment,if the Referee determines,based upon mitigating circumstances,that
such reduction or waiver would be in the best interests of justice.
Introduced, considered favorably on first reading, and ordered published this 21st day of
May, A.D. 2013, and to be presented for final passage on the 4th day of June, A.D. 2013.
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Passed and adopted on final reading on the 4th day of June, A.D. 2013.
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